lanzetta state new jersey argued january decided march samuel kagle harry mackey philadelphia appellants robert peacock mount holly french loveland ocean city appellee justice butler delivered opinion appeal called decide whether reason vagueness uncertainty recent enactment new jersey laws repugnant due process clause fourteenth amendment follows person engaged lawful occupation known member gang consisting two persons convicted least three times disorderly person convicted crime state declared gangster every violation punishable fine exceeding imprisonment exceeding years quarter sessions cape may county appellants accused violating quoted clause indictment charges four days june engaged lawful occupation known members gang consisting two persons convicted crime state pennsylvania hereby declared gangsters trial verdict guilty judgment conviction sentenced imprisoned state prison ten years less five years hard labor authority recent decision state bell entered judgment affirming conviction state pius errors appeals affirmed authority sion state gaynor affirming state bell face challenged provision repugnant due process clause specification details offense intended charged serve validate cf reese czarra board medical supervisors statute accusation prescribes rule govern conduct warns transgression see stromberg california lovell griffin one may required peril life liberty property speculate meaning penal statutes entitled informed state commands forbids applicable rule stated connally general const terms penal statute creating new offense must sufficiently explicit inform subject conduct part render liable penalties recognized requirement consonant alike ordinary notions fair play settled rules law statute either forbids requires act terms vague men common intelligence must necessarily guess meaning differ application violates first essential due process law phrase two persons purports define meanings word indicated dictionaries historical sociological writings numerous varied meaning derivable common neither field anywhere language law definition word attention called unable find statute attempting make criminal member state gaynor supra errors appeals dealt word said policy ordains combination designed wage war upon society shall dispersed members rendered incapable harm objective section therefore valid exercise legislative power evident aim provision render penal association criminals pursuit criminal enterprises gist legislative expression gainsaid within competency legislature mere statement purpose carries justification act society impose taint illegality upon confederation convicted criminals lawful occupation circumstances denoting pursuit criminal objectives helpless one menacing forms evil activity primary function government render security subjects mischief menacing security demands remedy commensurate evil undertaking find meaning used challenged enactment opinion construction provision word given meaning consistent general object statute original sense signifies go modern usage without qualification common intent action defined company persons acting together purpose usually criminal term defined member gang roughs hireling criminals thieves like webster new international dictionary ed oxford english dictionary likewise defines word company persons go together act concert modern use mainly criminal purposes plainly legislative sense term worded accordance explication challenged provision read follows person engaged lawful occupation known member gang consisting two persons meaning company persons acting together purpose usually criminal company persons go together act concert mainly criminal purposes convicted least three times disorderly person convicted crime state declared gangster meaning member gang roughs hireling criminals thieves like appellants convicted opinion state gaynor hard hold advance judicial utterance upon subject bound understand challenged provision according language later used indeed state state bell supra went supposed analogy offenses denounced disorderly persons act upheld errors appeals levine state case found meaning burglar involved derivable common law descriptions illustrations used indicate meaning sufficient constitute definition inclusive exclusive opinion framed apply statute offenders accusation case consideration purport give interpretation generally applicable state find ever limited meaning group purpose commit particular offense class crimes quite frequently used reference groups two persons suspected criminality anything unlawful dictionary definitions adopted state extend persons acting together purpose criminal criminal purposes defined purposes constituting gangs may commendable example groups workers engaged leadership lawful undertaking statute declare every member punishable member gangster offender unless convicted disorderly person crime specified said intended give meaning broad enough include anyone convicted limit meaning field covered words found dictionary hireling criminals thieves like latter interpretation include obviously within statute exclude plainly covered lack certainty challenged provision limited word dependent without resolving serious doubts arising generality language assume clause person engaged lawful occupation sufficient identify class must belong capable becoming gangsters within terms provision enactment employs expression member ambiguous immediately arises doubt whether actual putative association meant actual membership required status must established fact word without significance reputed membership enough uncertainty whether reputation must general extend persons statute fails indicate constitutes membership one may join challenged provision condemns act omission terms employs indicate purports denounce vague indefinite uncertain must condemned repugnant due process clause fourteenth amendment reversed justice frankfurter took part consideration decision case footnotes section continues however nothing section contained shall wise construed include participant sympathizer labor dispute proviso involved champlin ref corporation commission cline frink dairy connally general const small american sugar ref cohen grocery collins kentucky international harvester kentucky cf people belcastro people licavoli american dictionaries define word follows webster new international dictionary ed act manner means going passage course journey set full complement articles outfit number going forming company gang sailors gang elk specif group persons associated direction gang pavers gang slaves company persons acting together purpose usually criminal least good respectable political gang gang roughs funk wagnalls new standard dictionary company band persons sometimes animals going acting together group squad sometimes implying cooperation evil disreputable purposes gang laborers gang burglars set whole gang work century dictionary cyclopedia number going acting company whether persons animals gang drovers gang elks number persons associated particular purpose particular occasion used especially depreciatory contemptuous sense disreputable persons gang thieves number workmen laborers kind engaged piece work supervision one person squad particularly shift men set laborers working together hours part text definitions given oxford english dictionary reads set things persons company workmen company slaves prisoners band company persons go together act concert chiefly bad depreciatory sense mod usage mainly associated criminal societies gang belong society interests another english dictionary wyld universal dictionary english language defines word follows band group squad labourers working together slaves prisoners bad sense group persons organized evil criminal purpose gang burglars disparagement body party group persons sick whole gang university pullers see asbury herbert gangs new york alfred knopf thrasher frederic encyclopedia social sciences vol gang study gangs chicago university chicago press see champlin ref corporation commission connally general const nash cf held unconstitutional people belcastro mason held unconstitutional people licavoli